Navigating the Legal Issues of Documentary Filmmaking
As a documentary filmmaker, youâre going to face a lot of challenges but the process of producing a documentary film can still be incredibly rewarding. Navigating the potential legal issues of documentary filmmaking can pose some challenges that you might not be fully prepared for.
Identifying potential legal issues in advance of the production process, or as production takes place. Rather than at the end is an important process. But how?
THINK & PLAN AHEAD
While you might think that vetting, or reviewing scripts and footage after the documentary has been produced to address any potential legal concerns, is an acceptable means of preparing for potential legal issues of documentary filmmaking.
This process has been done for many years by independent documentarians. But itâs not the most suitable option today.Â
Thinking about legal issues of documentary filmmaking, and planning ahead to be proactive in preventing these issues from arising rather than being reactive and handling the issues after the fact can be incredibly valuable to your production.
One can identify and address many legal issues of documentary filming early on. Other times, you can fully prevent issues entirely with a little planning.
FOR EXAMPLE
As a documentary filmmaker, you might not be thinking so much about records keeping and a chain of title. But you should be!
In fact, right from the start of your idea to produce a documentary, you should be planning ahead and thinking about records keeping.
Plan early, request records well in advance. Do your best to obtain the proper documentation ahead of your production. It will all be worth it in the end.
USE FAIR REPORTING & AVOID REPUBLICATION ISSUES
One of the most common legal issues of documentary filmmaking is that filmmakers fall trap into using improper or incorrect documentation for their records. In doing so, they could face republication liabilities.
Fair reporting privileges provide documentary filmmakers with the right to use public documents. Documents like court records or statements from officials, with limitation of liability.
As long as you make it clear that you are restating information contained and distributed by âXYZ Courtâ or some other source.
And you make it known that you are not the one stating this but that you are restating what the source said, most states will allow for a fair reporting protection.
ADDITIONALLY
To avoid the republication liability, make sure youâre not repeating or otherwise publishing potential defamatory details that are untrue.
Even if a source, or interviewee, has provided you with the defamatory statement. You can be liable if not careful. You must make sure your sources provide support for their assertions.Â
REVIEW CONSENT TO RECORDING LAWS BY STATE
In examining the many potential legal issues of documentary filmmaking, itâs important to note that laws vary by state. Therefore, the law in the state in which you live very well could be different than where you are recording.
Reviewing recording laws, and what kind of consent is required, for the state in which you are filming prior to capturing any film or audio recordings of someone without their knowledge.
Many states have two-party consent. Some have one-party consent. Which means you can legally record the conversation with consent from one of the two parties involved.
Make sure you know what law applies to your desire to record without consent if you intend to do so for your documentary.
OVERALL
When navigating the potential legal issues of documentary filmmaking there are a few considerations that must be made. First, make sure that youâre not misleading or misdirecting in any way.
Second, make sure youâre not actively taking steps to defame or demoralize those you record. As well as those who are represented in the documentary.
Finally, be aware of actions taken during the filming, editing, or otherwise in the production of your footage. Note anything that would create a sense of criticism, defamation, or otherwise jeopardize how others might feel about depictions in your film.
